Rahul Kumar @ Shanker @ Fatur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19363 of 2019 Arising Out of PS. Case No.-134 Year-2017 Thana- PHULWARIA District- Begusarai ====================================================== RAHUL KUMAR @ SHANKER @ FATUR Son of Sudhir Kumar Chodhari Resident of Village - Malti, Ward No.-02, Post - Pipra Devas, P.S. - Phulwaria, District - Begusarai-851112 ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar @ Ravindra Kr Rai For the Opposite Party/s :
Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2019 This application, for grant of anticipatory bail, arises out of Phulwaria P.S. Case No. 134 of 2017, disclosing offences under Section 392 of the Indian Penal Code.
Allegation as per F.I.R. is that while the informant was going on motorcycle, some miscreants stopped the motorcycle and snatched the motorcycle from him. Submission of learned counsel for the petitioner is that petitioner is not named in the F.I.R., his name has surfaced in this case during investigation on confessional statement of co-accused and except that there is nothing against the petitioner.
Learned counsel for the State opposed the prayer for bail and submitted that the informant claimed to identify the
Patna High Court CR. MISC. No.19363 of 2019(7) dt.17-10-2019 2/2 accused persons, as such, unless the petitioner surrenders, T.I.P. cannot be held.
Having heard both sides, considering the facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.
This application is, accordingly, dismissed . (Vinod Kumar Sinha, J) sunilkumar/- U T